How did medmal start? Medical malpractice existed in the eighteenth century.
Interestingly, today it accounts for 2.4% of the nation's annual health care expenditure. Essentially, it costs $55.6 billion each year.
What, Exactly, is Medmal?
The term, “medmal,” of course, comes from the phrase, “medical malpractice.” When medics or their institutions cause injury to a patient it's called medmal. More specifically, it means injury through a negligent act or omission. Examples include misdiagnosis, treatment, or improper treatment or health management.
How did Medmal Start?
Of course, no one can pinpoint exactly when medical malpractice came about. But, in 1754 BC, the sixth king of Babylonia, Hammurabi, enacted the Babylonian namesake Code of Hammurabi.
How did medmal start, thus, enduring law in Mesopotamia? History buffs, notably, also recognize the code as the first known written law. In particular, with respect to medical malpractice, a historian translated it.
“If the doctor has treated a gentleman with a lancet of bronze and has caused the gentleman to die, or has opened an abscess of the eye for a gentleman with a bronze lancet, and has caused the loss of the gentleman’s eye, one shall cut off his hands.”
Smith, J.M. Powis, The Origin and History of Hebrew Law
And, the Code held medical professionals accountable for preventable deaths or injuries.
Medmal Law Grew in Ancient Rome
Fifteen centuries later, medical malpractice reappeared in Roman law. Lex Aquilia, in turn, required compensation to property owners for damaged property. Including, corpori corpore, or "on the body of the victim by the body of the perpetrator," implied medmal.
Rome Expanded Medical Malpractice Ideas
Later, in 451 and 450 AD, the Roman Twelve Tables, Law of the XII Tables, elaborated even more. In effect, Damnum iniuria datum further addressed wrongful damage. For example, it defined, penalties, or delicts.
Finally, in the 3rd century BC, early Roman law, the lex Aquilia called for compensating property owners for their damaged property. Subsequently, in 451 and 450, the Romans created the Twelve Tables, also known as the Law of the XII Tables. Hence, a delict, or tort, of Roman law, Damnum iniuria datum likewise addressed wrongful damage of property:
Medical Malpractice Law Spread through Europe
How did medmal start spreading through Europe? It follows that as the Roman Empire expanded, so did its medical malpractice law.
Even more, personal injury and medical malpractice law survived the fall of the empire. Rome's medical malpractice concept spawned legislation throughout Europe.
From Europe, Medmal Started Off to America
Of course, in the 19th century, medmal crossed the Atlantic to North America. Moreover, King Charles V's law demanded a professional medical opinion. For example, trying deaths involving violence required expert testimony. Medmal cases, similarly, would become important in US law.
How Did Medmal Start in the US?
Eventually, in 1789, George Washington took the oath of office. And, five years later, the first US presidency fathered the first case. A Connecticut court, then, ruled the defendant guilty.
The resulting cause, “want of ordinary diligence, care, and skill” stuck in courts there forward. In fact, the verdict language grew into the de facto standard among US states. State legislatures and courts hence adopted it for medical malpractice lawsuits.
How Did Medmal Start Affecting Insurance?
Since then, medmal commonality and costs exploded. Medical malpractice cases exploded worldwide too. Eventually, the 1960s brought medical malpractice insurance into the picture.
So, how did medmal start influencing insurance? Of course, as medmal cases shaped healthcare, insurers followed the lead. Medical malpractice insurance, hence, protected professionals. As a result, diverse protection policies allow insurance brokers to provide flexible options.
Professionals, as a result, have no reason to allow insurance neglect to ruin the future. A strategic benefits advisor how did medmal start